Loading...
HomeMy WebLinkAboutAlternate OrdinanceLTERNATEORDNANCE The attached Alternate Ordinance removes the imposition of ticket surcharge against all events with paid admissions held within the public right-of-way. ALTERNATE ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/ IN GENERAL, MORE PARTICULARLY BY AMENDING SECTION 53-1 TO INCREASE THE RATE OF SURCHARGE PAYMENT ON PAID ADMISSIONS- AL-LO ING�#4E—S-U-RGHARGE TO APPLY WHERE TICKETED EVENTS OCCUR IN THE P- BLIC-RGHT-OF-WAY,7AND PROVIDING FOR A CERTAIN PORTION OF THE TICKET SURCHARGE TO BE ALLOCATED SPECIFICALLY TO FUND PARADES, COMMUNITY EVENTS, AND COMMUNITY PROGRAMS, AS APPROVED BY THE COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ..FISCAL IMPACT SPONSOR: COMMISSIONER MICHELLE SPENCE-JONES ..Body WHEREAS, Chapter 53, Article I of the Code of the City of Miami, Florida, as amended, ("City Code") provides the rate of surcharge on ticketed events held in certain city -owned facilities; and WHEREAS, the current economic climate has created a variety of challenges in preserving the City's many historic and cultural events and programs; and WHEREAS, the increase in the surcharge revenues would be used to augment the fund created to assist parades, community events, and community programs the Commission wishes to sponsor; and WHEREAS, an analysis by the City's consultant has determined the increase of surcharge rates would be currently near or below the fees charged by competing venues holding similar events; and WHEREAS, it is appropriate to increase the fees as set forth in the City Code; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 53/ Article I/ Section 53-1 of the Code of the City of Miami, Florida, as amended, entitled "Stadiums and Convention Centers/In General" is amended in the following particulars:{1} "CHAPTER 53 STADIUMS AND CONVENTION CENTERS ARTICLE 1. IN GENERAL Sec. 53-1. Ticket surcharge on paid admissions to events. (a) Applicability. To certain facilities. A ticket surcharge shall be imposed against all paid admissions to city facilities, including, without limitation, the Marine Stadium, the Coconut Grove Expo Center, the Miami Convention Center, and the Bayfront Park Amphitheater. Said surcharge shall additionally apply where admission is charged for events conducted in city parks, facilities therein, and/or community centers.--and-the p blis right of way. However, no ticket surcharge shall be imposed upon any event held at the Manuel Artime Community Center, regardless of paid admissions. Unless specifically exempted below, and for the purposes of this section, "events" shall include activities, programs, concerts, festivals, parties, meetings, and other gatherings for whatever social, entertainment, cultural, sport or other purpose and for which attendees are expected to pay or make a donation in order to attend. The application of the ticket surcharge shall commence upon the effective date of this section, except for those events for which advance ticket sales have the prior approval of the city manager, or designee. (2) Exemptions. The following activities as defined herein shall be exempted from the application of the ticket surcharge on paid admissions: a. Banquets: Official celebratory or ceremonial dinners with speeches that honor or memorialize particular person(s) or occasion(s) and are held by organizations or groups for their members, delegates, representatives and invited guests. b. Conferences: Participatory meetings designed for discussion, fact finding, problem solving, and/or consultation between members, representatives, delegates and/or other affected parties of organizations on related issues. c. Consumer shows: Exhibitions of related products and/or services that are open to the public. d. Conventions: Formal assemblies or meetings of members, delegates, and representatives of an organization or group, such as a political party, fraternal society or business/professional association, that are convened for a common purpose. e. Trade shows: Exhibitions of products and/or services that are not open to the public but are open only to particular members, representatives, businesses and/or groups involved in a specific trade. Additionally, said surcharge shall not apply to the International Boat Show, the Orange Blossom Classic conducted by Florida A&M University, and the Charity Pig Bowl hosted by the city police department. (b) Rate of surcharge. Notwithstanding contractual agreements to the contrary, the rate of the ticket surcharge shall be dependent upon the price of admission charged to attendees of a given event, as established by the sponsor or promoter of said event, as follows: Price of Admission Ticket (or suggested dona- Surcharge tion) $1.00 -$14.99 $075$1.7 5 $15.00 - $29.99 $4-.40$2.0 0 $30.00 and up $24;0$3.0 0 The ticket surcharge shall apply in addition to the actual admission price and shall be exclusive of any applicable taxes and/or service charges. Each charge shall be itemized and shown separately on each ticket. (c) Collection, accounts and payment. The sponsor or promoter of each event shall be responsible for the collection of the ticket surcharge, which shall be recorded and listed as a separate item in the statement of accounts for said event. Such records and accounts shall be maintained and available in accordance with all applicable city requirements and Code provisions. Payment of the ticket surcharge to the proper city authorities shall be made as soon as reasonably possible after the conclusion of the event along with any and all other sums which may be due the city, and in no case shall be permitted to remain unpaid longer than three working days after the event and in all cases shall be paid prior to the holding of another subsequent event by the Same sponsor. Receipts from said surcharge shall be retained by or used as subsidy for the facility or park from which they are generated to augment its operating . or capital budget. However, a portion of the surcharge equal to $1.00 from each ticket shall be set aside in a separate account to provide assistance to parades, community events, and community programs the City Commission wishes to sponsor. Said allocation shall not apply to the Miami Convention Center until Fiscal Year 2016. .11 Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it • shall become effective immediately upon override of the veto by the City Commission.